Here we go...1983 NC State title team members sue NCAA over NIL compensation

[BleedGopher]

Phi-Slama-Jama, Fab 4, Manning & the Miracles, etc. will be next...

Per ESPN:

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

The players filed suit in Wake County Superior Court on Monday, requesting a jury trial and "reasonable compensation."

The late Jim Valvano's 1983 team became known as the "Cardiac Pack" for a series of close victories culminating in a 54-52 win over Houston on Lorenzo Charles' dunk in the final seconds. Valvano's run around the court became an iconic moment frequently replayed as part of NCAA tournament promotions.

"For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack's publicity rights -- including their names, images, and likenesses -- associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack's legendary victory," the lawsuit said.

NCAA spokesperson Michelle Hosick did not immediately return a text message seeking comment Monday from The Associated Press.

Plaintiffs include former team members Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren.

Charles died in 2011 while Dereck Whittenburg, whose missed 30-footer was collected by his teammate for the winning dunk, is a staffer in the NC State athletic department. Whittenburg is not among the plaintiffs listed in the suit.

Members of NC State '83 title team sue NCAA

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

www.espn.com

Go Gophers!!

 

[Spaulding!No!]

Maurice Clarett

 

[howeda7]

I would think statute of limitations laws would apply to this one.

 

[Outsider]

I would think statute of limitations laws would apply to this one.

Considering I see the clips every year on ESPN my guess is not. If they are still using it seems doubtful that the window has expired.

 

[Slim Tubby]

Phi-Slama-Jama, Fab 4, Manning & the Miracles, etc. will be next...

Per ESPN:

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

The players filed suit in Wake County Superior Court on Monday, requesting a jury trial and "reasonable compensation."

The late Jim Valvano's 1983 team became known as the "Cardiac Pack" for a series of close victories culminating in a 54-52 win over Houston on Lorenzo Charles' dunk in the final seconds. Valvano's run around the court became an iconic moment frequently replayed as part of NCAA tournament promotions.

"For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack's publicity rights -- including their names, images, and likenesses -- associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack's legendary victory," the lawsuit said.

NCAA spokesperson Michelle Hosick did not immediately return a text message seeking comment Monday from The Associated Press.

Plaintiffs include former team members Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren.

Charles died in 2011 while Dereck Whittenburg, whose missed 30-footer was collected by his teammate for the winning dunk, is a staffer in the NC State athletic department. Whittenburg is not among the plaintiffs listed in the suit.

Members of NC State '83 title team sue NCAA

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

www.espn.com

Go Gophers!!

Ray Jackson would like a word with you about the typo, Bleed.

 

[60's Guy]

I don't see Sidney Lowe's name either anywhere?

 

[BleedGopher]

Ray Jackson would like a word with you about the typo, Bleed.

Ha, touche! My bad.

Go Gophers!!

 

[EasyThere Pilgrim]

None of their names is even worth one cent obviously.

Just like Pharrell Payne isn't worth one cent...he's not actually advertising BMW's & fur coats in Texas.

People watch for the SCHOOLS. Nobody cares about common sense though...since the goal is to destroy college FB & BB.

 

[disco]

...since the goal is to destroy college FB & BB.

Yep. That's it. Pilgrim and his tinfoil hat said so.

 

[Gopher_In_NYC]

Phi-Slama-Jama, Fab 4, Manning & the Miracles, etc. will be next...

Per ESPN:

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

The players filed suit in Wake County Superior Court on Monday, requesting a jury trial and "reasonable compensation."

The late Jim Valvano's 1983 team became known as the "Cardiac Pack" for a series of close victories culminating in a 54-52 win over Houston on Lorenzo Charles' dunk in the final seconds. Valvano's run around the court became an iconic moment frequently replayed as part of NCAA tournament promotions.

"For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack's publicity rights -- including their names, images, and likenesses -- associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack's legendary victory," the lawsuit said.

NCAA spokesperson Michelle Hosick did not immediately return a text message seeking comment Monday from The Associated Press.

Plaintiffs include former team members Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren.

Charles died in 2011 while Dereck Whittenburg, whose missed 30-footer was collected by his teammate for the winning dunk, is a staffer in the NC State athletic department. Whittenburg is not among the plaintiffs listed in the suit.

Members of NC State '83 title team sue NCAA

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

www.espn.com

Go Gophers!!

 

[EasyThere Pilgrim]

Yep. That's it. Pilgrim and his tinfoil hat said so.

Well we just got wiped-out.

And I didn't just imagine it.

 

[disco]

Well we just got wiped-out.

And I didn't just imagine it.

By who? And what is this shady cabal whose goal is to "wipe out" these sports?

 

[EasyThere Pilgrim]

By who? And what is this shady cabal whose goal is to "wipe out" these sports?

Well the lawsuits & legislation originated in California and were spearheaded by their governor.

People who do everything wrong...in my opinion. Backed by the media, of course.

 

[atsgopher]

Phi-Slama-Jama, Fab 4, Manning & the Miracles, etc. will be next...

Per ESPN:

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

The players filed suit in Wake County Superior Court on Monday, requesting a jury trial and "reasonable compensation."

The late Jim Valvano's 1983 team became known as the "Cardiac Pack" for a series of close victories culminating in a 54-52 win over Houston on Lorenzo Charles' dunk in the final seconds. Valvano's run around the court became an iconic moment frequently replayed as part of NCAA tournament promotions.

"For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack's publicity rights -- including their names, images, and likenesses -- associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack's legendary victory," the lawsuit said.

NCAA spokesperson Michelle Hosick did not immediately return a text message seeking comment Monday from The Associated Press.

Plaintiffs include former team members Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren.

Charles died in 2011 while Dereck Whittenburg, whose missed 30-footer was collected by his teammate for the winning dunk, is a staffer in the NC State athletic department. Whittenburg is not among the plaintiffs listed in the suit.

Members of NC State '83 title team sue NCAA

Ten players from NC State's 1983 national champion basketball team have sued the NCAA and the Collegiate Licensing Company seeking compensation for unauthorized use of their name, image and likeness.

www.espn.com

Go Gophers!!

Seems like publicity rights being restricted is far different than the argument by the NC St team.

They don’t own the rights to that game. Or its use in publicity. Those are broadcast rights. They only own their Name image and likeness rights. Parsing each player’s participation in the broadcast is asinine

Throw it out.

 

[PMWinSTP]

Well the lawsuits & legislation originated in California and were spearheaded by their governor.

People who do everything wrong...in my opinion. Backed by the media, of course.

Good grief.

 

[disco]

Well the lawsuits & legislation originated in California and were spearheaded by their governor.

People who do everything wrong...in my opinion. Backed by the media, of course.

Once again, you have a complete lack of understanding how the law works. You want college sports to be as they always have. Or how you perceive them to always have been.

Never mind if that model violates restraint of trade laws. So you whine and cry about some mysterious entity in "evil California" because it meets your misguided narrative.

 

[disco]

Seems like publicity rights being restricted is far different than the argument by the NC St team.

They don’t own the rights to that game. Or its use in publicity. Those are broadcast rights. They only own their Name image and likeness rights. Parsing each player’s participation in the broadcast is asinine

Throw it out.

It's an interesting case. It's like residuals for actors. Or similar to Jesse Ventura suing the then WWF for compensation when they were selling videos featuring him on commentary (Jesse won that suit).

 

[EasyThere Pilgrim]

Once again, you have a complete lack of understanding how the law works. You want college sports to be as they always have. Or how you perceive them to always have been.

Never mind if that model violates restraint of trade laws. So you whine and cry about some mysterious entity in "evil California" because it meets your misguided narrative.

You're outsmarting yourself.

It's insane for colleges to pay the players. Period.

If you want to talk about the law...it's fraud, false advertising, misuse of funds, etc., to claim that these paid mercenaries are college students.

Why is it that the ONLY free-market California likes is this?

 

[atsgopher]

It's an interesting case. It's like residuals for actors. Or similar to Jesse Ventura suing the then WWF for compensation when they were selling videos featuring him on commentary (Jesse won that suit).

Agreed its interesting.

I keep thinking about wittenburg shooting the ball, Charles catching and dunking, and Valvanos mad dash. Also, the passes right before. All integral to the moment.

However, there is no NCAA clip showing Lorenzo Charles’s personality. Nor Wittenburg and any real consistent trait of his. Just the clips from the broadcast. Stirring the memories.

Conversely, Jessie does have a persona that is marketed. So in said terms I could see a difference.

The other things they show are moments that happen within (and only could happen within) the context of the tournament.

You can’t have the cardiac pack, with any meaning (or relative gravity of the meaning) in the regular season. It just ain’t set up that way.

There isn’t a single contributor that could do it without everything happening that year. Louisville and Houston being who they were make NC State. Sidney Lowe and Thurl Bailey and the rest, are not memorable by themselves. I guess I just don’t see they argument right now. Perhaps, I am missing it though.

 

[Dave H]

But in reality you wouldn't need to know all of that...they are arguing that they are being exploited because that clip is shown multiple times every season (pretty much every game during the Tourny itself) as an example of why the tournament is so great. (I may not be understanding their argument but that is how it seems to me) I mean Valvano especially is part of the face of the "Cinderella Story" and that clip of him is 1 of the 2 things he is known for.

Normally I would say it is baseless and way past time to let it go but in this case I can see their argument. I am not saying I agree with it but I see it. That clip is right up there with "One Shining Moment" and the NCAA Tourny theme played every break as sort of synonymous with the Tourny.

I mean I can barely remember who won last year...but I can close my eyes and see that clip in my head because I have seen it as much as I have seen my reflection.

 

[EasyThere Pilgrim]

But in reality you wouldn't need to know all of that...they are arguing that they are being exploited because that clip is shown multiple times every season (pretty much every game during the Tourny itself) as an example of why the tournament is so great. (I may not be understanding their argument but that is how it seems to me) I mean Valvano especially is part of the face of the "Cinderella Story" and that clip of him is 1 of the 2 things he is known for.

Normally I would say it is baseless and way past time to let it go but in this case I can see their argument. I am not saying I agree with it but I see it. That clip is right up there with "One Shining Moment" and the NCAA Tourny theme played every break as sort of synonymous with the Tourny.

I mean I can barely remember who won last year...but I can close my eyes and see that clip in my head because I have seen it as much as I have seen my reflection.

Cinderella Story...One Shining Moment...

Not Mercenary Story...not One Shining Dollar Sign...

People only like & watch it because it's college. If it was a professional minor-league, nobody would watch.

 

[howeda7]

But in reality you wouldn't need to know all of that...they are arguing that they are being exploited because that clip is shown multiple times every season (pretty much every game during the Tourny itself) as an example of why the tournament is so great. (I may not be understanding their argument but that is how it seems to me) I mean Valvano especially is part of the face of the "Cinderella Story" and that clip of him is 1 of the 2 things he is known for.

Normally I would say it is baseless and way past time to let it go but in this case I can see their argument. I am not saying I agree with it but I see it. That clip is right up there with "One Shining Moment" and the NCAA Tourny theme played every break as sort of synonymous with the Tourny.

I mean I can barely remember who won last year...but I can close my eyes and see that clip in my head because I have seen it as much as I have seen my reflection.

Unless they are selling videos of it for profit I don't see how this goes anywhere. That was a public event. I can picture JFK getting shot even though I wasn't alive then. It doesn't mean his family deserves some sort of royalties every time a news station plays the clip.

 

[disco]

Unless they are selling videos of it for profit I don't see how this goes anywhere. That was a public event. I can picture JFK getting shot even though I wasn't alive then. It doesn't mean his family deserves some sort of royalties every time a news station plays the clip.

Right. If ESPN 8 shows a replay of Super Bowl IV where the Vikings lost to KC, it isn't as if Joe Kapp's estate gets residuals. I don't believe this will go anywhere or nothing will ever be allowed to be shown again.

Granted, the difference is that NFL players were under specific contracts which would have granted broadcast rights to the league. College players aren't. (yet)

 

[disco]

It's insane for colleges to pay the players. Period.

This is nothing more than your opinion. It has no basis in fact or law.

If you want to talk about the law...it's fraud, false advertising, misuse of funds, etc., to claim that these paid mercenaries are college students.

Are they enrolled in college? Then they are, by definition, college students. Is a grad assistant getting paid for lab work a "paid mercenary?" Is the English major doing work-study in the library a "paid mercenary?" I'm sure you'll say something about the amount of money, but that's irrelevant - in all cases, a college student is being paid for their labor.

Why is it that the ONLY free-market California likes is this?

Keep interjecting politics in this. I hope it gets you banned. There's a whole board for you to complain about politics on. Take it there.

 

[PMWinSTP]

Right. If ESPN 8 shows a replay of Super Bowl IV where the Vikings lost to KC, it isn't as if Joe Kapp's estate gets residuals. I don't believe this will go anywhere or nothing will ever be allowed to be shown again.

Granted, the difference is that NFL players were under specific contracts which would have granted broadcast rights to the league. College players aren't. (yet)

I think you answered the residuals question yourself.

 

[Dave H]

Unless they are selling videos of it for profit I don't see how this goes anywhere. That was a public event. I can picture JFK getting shot even though I wasn't alive then. It doesn't mean his family deserves some sort of royalties every time a news station plays the clip.

We will see. Like I said I don't necessarily agree with it but I don't think it is meritless either.

 

[Dave H]

Right. If ESPN 8 shows a replay of Super Bowl IV where the Vikings lost to KC, it isn't as if Joe Kapp's estate gets residuals. I don't believe this will go anywhere or nothing will ever be allowed to be shown again.

Granted, the difference is that NFL players were under specific contracts which would have granted broadcast rights to the league. College players aren't. (yet)

They would if the contract said he should. The contract likely has it outlined what he does and does not get compensated for. (to back up your second point)

The problem here is NIL is rather new and the rules are changing by the minute. Even worse is there are no contracts or guidelines, and so it behooves teams and players to try and see what will and will not be allowed.

 

[Dakota2]

Once again, you have a complete lack of understanding how the law works. You want college sports to be as they always have. Or how you perceive them to always have been.

Never mind if that model violates restraint of trade laws. So you whine and cry about some mysterious entity in "evil California" because it meets your misguided narrative.

His narrative i a clear

This is nothing more than your opinion. It has no basis in fact or law.


Are they enrolled in college? Then they are, by definition, college students. Is a grad assistant getting paid for lab work a "paid mercenary?" Is the English major doing work-study in the library a "paid mercenary?" I'm sure you'll say something about the amount of money, but that's irrelevant - in all cases, a college student is being paid for their labor.


Keep interjecting politics in this. I hope it gets you banned. There's a whole board for you to complain about politics on. Take it there.

His commentary is a direct threat to "Our Democracy".

 

[EasyThere Pilgrim]

His commentary is a direct threat to "Our Democracy".

Our Democracy: Somehow acquire 50.1% of the vote...and then impose whatever they want onto us.